Search: Affective Justice: Book Symposium: A Response
09 Aug Doing Justice to History Symposium: Doing Justice Through History
[Alonso Gurmendi Dunkelberg is a Departmental Lecturer in International Relations at the University of Oxford, in association with Somerville College, as well as Visiting Professor at the University of Michigan, Ann Arbor.] Doing Justice to History is an amazing book and a fascinating read, particularly for those of us who, like me, enjoy studying the connections between international law and history. Barrie Sander has done an excellent job in pondering the question of whether courts are the right place for history to take shape, especially in the context of contentious...08 Dec Transitional Justice and Judicial Activism Symposium: Introduction
[Ruti Teitel is the Ernst C Stiefel Professor of Comparative Law, New York Law School and the author of Globalizing Transitional Justice (OUP paper2015).] I am very pleased to participate in this Opinio Juris roundtable on my just-published article Transitional Justice and Judicial Activism: A Right to Accountability? (.pdf), and particularly to engage with Dinah PoKempner, Professors Cesare Romano, Chandra Sriram and others who have offered such thoughtful and probing observations on my article. The article grows out of a multi-year ongoing project that examines on the jurisprudence pertaining to...
18 May Symposium on Systemic Racism and Sexism in Legal Academia: Beyond Diversity and Inclusion – How Global Human Rights Standards Might Inform Racial Justice Initiatives in Legal Education
It explains the importance of “comprehensive ‘whole-of-government’ and ‘whole-of-society’ reforms and responses to dismantle systemic racism, elaborated in comprehensive and adequately resourced national and regional action plans.” (A/HRC/47/53, Annex.) Thus, law schools can use a systemic approach, informed by human rights standards, to combat this scourge. Conclusion “Systemic racism needs a systemic response” proclaims the High Commissioner’s report. (A/HRC/47/53 ¶ 19.) International human rights standards offer actionable guidance for confronting racial injustice within law schools — beyond diversity and inclusion initiatives. As detailed above, these standards may inform efforts to...
23 Sep South-South Justice for Colombian Victims? Shedding Light on the (Limited) Potential of Universal Jurisdiction in Argentina
successful in maintaining the demands for justice for ‘false positives’ crimes as a relevant legal and political issue in Colombia. All in all, this and other UJ cases in Argentina are slowly opening new avenues for justice, albeit filled with challenges and uncertainties. For these reasons, we remain cautiously optimistic about its potential to become an example of South-South justice and will continue to focus on these cases to critically observe how human rights organizations, lawyers, victims and institutions continue to develop this legal practice against impunity of international crimes....13 Sep Forced Relationships: Prosecutorial Discretion as a Pathway to Survivor-Centric Justice
also negatively affect reconciliation efforts, as it may leave survivors and their communities to consider that these harms remained insufficiently addressed, potentially inhibiting peace processes and/ or preventing full participation in peace processes leading to festering frictions between groups. Moreover, bypassing survivors and administering justice removed from the survivor’s realities may finally also jeopardise the Court’s own legitimacy in leaving its wider audience to ask who justice is administered for, and whether the Court renders justice in a manner contributing to reconciliation. International jurisprudence, recent and dated alike, affords the...
17 Aug Transitional Justice – A Bridge to Democracy in Belarus
...with the ultimatum coming from the Economic Community for West African States (ECOWAS) to either step down or the Community will deploy troops to install Adama Barrow, Jammeh decided to cede power to the winner. And Gambians finally stepped on the road to justice and truth. Both Ukrainians and Gambians illustrated that resistance can bring changes. Although this piece does not intend to analyze the effectiveness of transitional justice mechanisms in both states, Belarusians can draw some positive examples from these experiences and finally reconcile with their past to build...
16 Dec Justice as Message Symposium: Expressivism as Bridging Theory
I I like the argumentive rigour of analytic philosophers, and I share the ideologicalsensitivities of most critical scholarship. But they largely appear as two different projects, studying different aspects of the elephant. Enter Carsten’s book on expressive theory. Carsten’s expressivist approach engages in open-minded inquiry into normativejustifications (hence he draws on Hegel, Duff and others). But he is equally curious about biases, shortcomings, and exclusions. If justice is a message, then what is the message, whose message is it, who transmits it, and to whom? Justice-as-message offers a framework that...17 Jul Questions About the Gacaca Courts in Rwanda
...this sentence. The defendants in No. 4 Category will not be sentenced. If no agreement can be reached on the return of stolen or destroyed goods, the Chair of the cell’s Gacaca jurisdiction will decide on the damages to be paid. The new Gacaca system is based on a participatory justice system and on its reconciliatory virtues. According to the Justice Ministry, the population that was in the hills at the time of the genocide will be “witness, judge and plaintiff.” It is worth noting that PRI’s statement about defendants...
10 Jul Climate Justice in an Unequal World: A Chat with Professor Richard Falk, Ecocide’s Legal (Grand)Father
[Dr. Luigi Daniele is a Senior Lecturer at Nottingham Law School, NTU.] This interview is being cross-posted by Opinio Juris, the Nottingham Law School Climate Justice Hub , and the Queen Mary School of Law Centre for Climate Crime and Justice. I had the great honor and special pleasure of discussing ecocide and climate justice with Professor Richard Falk, Albert G. Milbank Emeritus Professor of International Law and Practice at Princeton University, Chair of Global Law and Co-director of the Centre for Climate Crime and Justice at Queen Mary University...
12 Dec Why Individual Integrity Matters
integrity standards, how awareness of integrity can be raised, and what contributes to reinforcing an integrity mindset in staff and a culture of integrity in the agency in question” (page 40). Another recent publication, edited by Morten Bergsmo, Mark Klamberg, Kjersti Lohne and Christopher B. Mahony, Power in International Criminal Justice, further contributes to concretising what could be termed as an ‘integrity turn’ in international justice. In his introductory chapter, Bergsmo describes how a sociology of international criminal justice, unmasking power structures and informal social networks which may weaken institutional...